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28th Legislature(2013-2014)

Bill Text 28th Legislature


00 Enrolled HB 369                                                                                                         
01 Relating to restrictions on the criminal prosecution for certain offenses for a person who seeks                        
02 medical assistance for a person experiencing a drug overdose.                                                           
03                           _______________                                                                               
04    * Section 1. AS 11.71 is amended by adding a new section to read:                                                  
05            Sec. 11.71.311. Restriction on prosecution for certain persons in                                          
06       connection with a drug overdose. (a) A person may not be prosecuted for a violation                             
07       of AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(2), or 11.71.060(a)(1) or                             
08       (2) if that person                                                                                                
09                 (1)  sought, in good faith, medical or law enforcement assistance for                                   
10       another person who the person reasonably believed was experiencing a drug overdose                                
11       and                                                                                                               
12                      (A)  the evidence supporting the prosecution for an offense                                        
13            under AS 11.71.030(a)(3), 11.71.040(a)(3) or (4), 11.71.050(a)(2), or                                        
14            11.71.060(a)(1) or (2) was obtained or discovered as a result of the person                                  
01            seeking medical or law enforcement assistance;                                                               
02                      (B)  the person remained at the scene with the other person until                                  
03            medical or law enforcement assistance arrived; and                                                           
04                      (C)  the person cooperated with medical or law enforcement                                         
05            personnel, including by providing identification;                                                            
06                 (2)  was experiencing a drug overdose and sought medical assistance,                                    
07       and the evidence supporting a prosecution for an offense under AS 11.71.030(a)(3),                                
08       11.71.040(a)(3) or (4), 11.71.050(a)(2), or 11.71.060(a)(1) or (2) was obtained as a                              
09       result of the overdose and the need for medical assistance.                                                       
10            (b)  In this section, "drug overdose" means a controlled-substance-induced                                   
11       physiological event that results in a life-threatening emergency to the person who                                
12       ingested, inhaled, injected, or otherwise introduced the controlled substance into the                            
13       body.                                                                                                             
14    * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to                          
15 read:                                                                                                                   
16       APPLICABILITY. This Act applies to offenses occurring on or after the effective date                              
17 of this Act.                                                                                                            
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